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CHAPTER 9
Conclusion
9.1 Having examined the need for amendments to the Aboriginal and Torres
Strait Islander Heritage Protection Act 1984 consistent with the report
of the Review by Hon Elizabeth Evatt, and so as to avoid or minimise the
repetition of incidents such as the Hindmarsh Island Bridge situation,
the Committee endorses the basic elements identified by the Commonwealth
Government for amending the Act. They are:
- the decision on whether an area or object is significant to Aborigines
and Torres Strait Islander people and under threat will be separated
from the decision on whether to grant a protection order, which will
be made by the Minister;
- appropriate protection will be provided to confidential indigenous
information;
- an advance site clearance process will be included;
- mediation will be promoted by requiring that an initial offer of mediation
to applicants and affected parties be made;
- the content of procedural fairness, including time limits on heritage
protection processes, will be defined in the Act so as to avoid the
type of litigation that has undermined the operation of the existing
Act; and
- provision will be made for assessment and accreditation of State and
Territory legislation and processes for heritage protection where they
meet the national minimum standards.
Recommendation 9
That to qualify for accreditation, State and Territory legislation
provide for blanket (or presumptive) protection of indigenous objects,
sites and remains.
9.2 The Committee considers that legislation to effect these reforms
should be introduced at the earliest opportunity in fulfilment of the
Government's 1996 election promise.
Warren Entsch MP
Committee Chair
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